ALPHV - Terms of Use
Last revised and updated on 2024-04-16.
The terms and conditions set forth below (“Terms of Use”) strictly governs your access to and/or use of the services which are available on or provided through alphv.com or any system, mobile applications operated by us (collectively, “Platform”). We may provide other related services and applications through the Platform in the future.
By accessing and/or using the Platform, you are indicating that you have read, understood and accepted the terms and conditions herein including any additional terms and conditions and any policies referenced herein, available on the Platform or by hyperlink. Please also see our Privacy Policy which are not part of this Agreement.
We may at our sole discretion amend or modify the Terms of Use at any time without notice or liability to you and your continued access to and/or use of this Site signifies your acceptance of and agreement to be bound by the updated or modified Terms of Use. It is your responsibility to review these Terms of Use governing this Platform from time to time.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g. companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. If you do not have such legal authority or if you disagree with these terms and conditions or any part of these terms and conditions, you shall not proceed to use our Platform. We shall not be liable for any consequences, losses or damages of any nature resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity.
The terms “we”, “us”, “our” and “ALPHV” refer to ALPHV TECHNOLOGIES SDN BHD (Company Reg. No: 202301015604 (1509526V)) and our Platform (collectively, “ALPHV”). The term “you” or “your” refers to each Authorized User of the Platform.
Duplication, transmission, reproduction, republication, posting or redistribution of the content of this Platform or any portion thereof is strictly prohibited without the prior written consent of ALPHV.
1. ALPHV ACCOUNT
1.1 When you access and use the services available on the Platform you agree to provide us with true, accurate, current, and complete information and other details that we may reasonably require to provide you with such services offered through the Platform.
1.2 You agree that your ALPHV account will be used by you only and will not be shared with or transferred to others. We will not be liable for any losses or damages resulting from or in connection with any unauthorized use of your ALPHV account or any failure to keep the password of your EasryRenz account confidential. You are solely responsible for keeping your password safe including all Account Activity therein.
1.3 By creating an account with us, you agree that you may receive communications from ALPHV, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
1.4 If you wish to delete your ALPHV account, please send us an email requesting the same.
2. RESTRICTIONS
2.1 You agree that the information and content available on the Platform (including but not limited to any information, text, graphics, videos, photos, software or other materials) are the sole property of ALPHV (save and except for Your Content) and that you will not copy, modify, sub-licence, re-sell or create derivative works of such information and content in any manner whatsoever.
2.2 Activities prohibited on the Platform
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. ALPHV reserves the right to investigate and take appropriate legal action against anyone who, in ALPHV's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
a. license, sublicence, access, use, sell, transfer, assign, distribute, publish, disclose or otherwise make the Platform and/or any information obtained by you while using the Platform available to any third party;
b. modify, decompile or copy the Platform and/or any of its components;
c. access or use the Platform to build or support any products or services competitive with the Platform;
d. circumvent user authentication or security of any host, network or account (“Hacking”) or interfere with service to any user, host or network (“Denial of Service Attacks”) or otherwise cause immediate, material or ongoing harm to the Platform;
e. attempt to probe, scan or test the vulnerability of the Platform and/or the network or breach any security or authentication measures;
f. use the Platform dishonestly, fraudulently or illegally;
g. use the Platform to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience or nuisance to any person;
h. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the ALPHV or any other third party (including other users) appointed by the ALPHV to protect the ability of the ALPHV to provide the Platform;
i. remove, change and/or obscure in any way anything on the Platform or otherwise use any material or information obtained whilst using the Platform save and except as set out in these Terms and Conditions;
j. falsely identify itself or provide any false information to establish any account that will be used to gain access to and/or use of the Platform; and
k. use the Platform in a manner that violates any applicable law or regulation, infringes on the rights of any person or entity, or violates this Agreement.
3. DEFINITIONS
a. “Account Activity” means your activity in assessing and/or utilizing ALPHV. This means both the Software login and Credit Movement.
b. “Authorized User” means the verified users who have gone through ALPHV KYC process, and recorded by ALPHV as the owner or manager of a ALPHVAccount.
c. “Available Credit” means the credit sum available in your ALPHV Account by reload, deduction or transfer of your ALPHV Credit’
d. “Design” includes the color combinations and the page layout of the Platform.
e. “ALPHV Services” means all or any of our services including our publicly available application programming interfaces (APIs), billing, payment form, payout, split payment, and any other features, technologies and/or functionalities as may be offered by us from time to time on our Platform or through any other means.
f. “ALPHV Website” means https://alphv.com/, and its subdomains.
g. “FPX Transactions” means the transactions conducted on FPX, which includes Direct Debit and internet banking via current, savings or credit card account.
h. “Financial Process Exchange” or “FPX” means an online payment gateway operated by Payments Network Malaysia Sdn Bhd that facilitates interbank transfer of funds. “Graphics” includes all logos, button icons, and other graphical elements on the JobStreet.com Website, with the exception of paid advertising banners.
i. “Transaction Fee” means the fee that is deductible by ALPHV from your ALPHV Credit balance for FPX Transactions arising from your usage of ALPHV Services.
j. “Information” means any ALPHV Account information that you provide to us, including but not limited to personal information, financial information or other information related to you or your organization.
k. “Payment Method” means a type of payment method that ALPHV provides to you within ALPHV Services from time to time (subject to availability and as set out on ALPHV Website: online banking, debit/credit/prepaid card, e-wallet, and redemption codes).
l. “Transaction Fee” means the fee chargeable to you by Financial Institutions for relevant transactions including but not limited to, merchant discount rate (MDR), that arise from your usage of ALPHV Services.
m. “Software” means ALPHV's proprietary platform (whether in staging or production environment), system and/or application software that is specifically licensed to you pursuant to this Agreement.
4. OBLIGATION OF ALPHV
4.1 Provision of Services
The Platform made available to you may perform the following transactions:-
a. Create and list Job Listings on web platform
b. Create and list Job Posts on FB Group
c. Register Company Account (“Rental”)
d. Make Purchase of Job Posts credits
4.2 The Platform is only available on portable and wireless telecommunications device such as smartphones, tablets and also computers and laptops (collectively referred to as “Device/Computer”) and is strictly for your personal use.
4.3 The record of all Transactions authenticated through the transaction PIN number and Device/Computer number registered for the ALPHV Account shall be binding and conclusive evidence of your Transaction.
4.4 Any instruction, confirmation and/or communication sent from the Device/Computer via the Account shall be deemed to have been sent and/or issued by you irrespective of whether such instruction, confirmation and/or communication were actually sent by you. ALPHV shall deem that the Platform has been accessed legitimately and the Transactions conducted shall be valid. You shall be personally liable and responsible for the use of the Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction was erroneously transacted due to the fault of the ALPHV.
4.5 You acknowledge that a transaction being performed is not always simultaneous with an instruction being given by you. Some of the Transactions may take time to process and may only be processed during normal working hours, even though Platform may be accessible outside such hours.
4.6 Notwithstanding anything to the contrary, the ALPHV reserves the absolute right to suspend or decline any transaction at its absolute discretion without assigning any reason thereto.
4.7 Availability
a. We will use our best endeavour to ensure that the Platform and the services are available at all times in accordance to this Agreement at such Subscription Fees imposed by the ALPHV.
b. The ALPHV is using cloud hosting to run the Platform and will take reasonable measures to keep the Platform and the App uptime at or above 99.9% during the Term of this Agreement.
c. Notwithstanding the foregoing, we do not warrant that your use of the services available on the Platform will be uninterrupted or error-free or that such services will meet your requirements. We will not be responsible for any losses or damages of any nature arising from any delays and other problems inherent in the use of communication networks and facilities for the transfer of data or use of the services through the Platform. This includes:-
i. termination or suspension of this Agreement or your use of or access to the Platform;
ii. Force Majeure (as defined in Clause 13 hereof);
iii. power outage;
iv. failure of system or network;
v. scheduled or unscheduled maintenance carried out to the Platform and/or the App; and/or
vi. other unanticipated interruptions.
4.8 Upgrade
a. The ALPHV shall have the right to improve and upgrade the Platform to your benefit from time to time and shall promptly notify you of any upgrade that will significantly change the functionality of the Platform.
b. ALPHV does not make any representation, warranty and/or undertaking (whether express, implied or otherwise) that the Platform and any subsequent revisions, updates, upgrades or versions are and would be compatible with your Device/Computer. ALPHVshall not be liable or responsible in any manner whatsoever for any liability, loss, damage, costs and expenses suffered and/or incurred by you due to the Platform being incompatible with your Device/Computer.
5. OBLIGATION OF AUTHORIZED USER
5.1 You hereby undertake, warrant and represent as follows:-
a. you shall keep all personal information, password and PIN number for the Authorised Account private and confidential at all times and shall take all steps to prevent disclosure of your password and PIN number to third parties;
b. you shall ensure that all information and data provided to ALPHV including personal data are true, accurate, updated and complete and shall promptly update such information and data if there is any change to the same;
c. you shall comply with all notices and instructions given by the ALPHV from time to time in relation to the use of the Platform;
d. you shall be fully responsible for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Platform;
e. you shall be fully responsible for any and all data, information, confirmation and/or instruction transmitted or broadcasted from your Device/Computer whether by you or any other person whether authorised or otherwise;
f. you shall comply with all applicable laws of Malaysia relating to the Platform;
g. you shall take all reasonable steps to prevent fraudulent, improper or illegal use of the Platform;
h. you shall report to ALPHV immediately upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Device/Computer and/or your use; and
i. you shall indemnify and keep the ALPHV indemnified against any loss, damage, liability, costs and expenses from any claim for libel, invasion of privacy, infringement of copyright, patent, breach of any law or regulation whatsoever transmitted, received or stored via the Platform and for all other claims arising out of any act or omission on the part of you or any authorised use or exploitation of the Platform.
6. PAYMENT
6.1 Subscription Fees
a. Upon registering your account with ALPHV , you may subscribe to any and/or all of the services and/or subscription plans (“Subscription Plan”) at such applicable fees as determined by ALPHV (“Subscription Fees”). All fees are stated in Malaysian Ringgit. You shall pay all Subscription Fees, as required and described in the Subscription Plan and any related taxes or additional charges.
b. Fee paid is final and non-refundable, except at our sole discretion and in accordance with the terms governing each paid services provided by the payment processor and/or financial institution.
c. You shall be entitled to upgrade your Subscription Plan at any time subject to payment of the additional Subscription Fees for such upgrade.
d. For avoidance of any doubt, the Subscription Fees are excluded from the Transaction Fees as defined in Clause 3 (l) and 6.2 hereof.
6.2 Transaction Fees
You shall pay the services fees including but not limited to FPX transaction fee, E-tenancy, CTOS Screening, Insurance, E-kyc as determined by ALPHV (“Transaction Fees”) to ALPHV in order to perform the Transactions (direct deduct from each transaction paid by tenant).
6.3 Revision/Increment
a. Notwithstanding anything to the contrary, ALPHV shall have the absolute right to revise or increase the Subscription Fees, and/or Transaction Fees from time to time PROVIDED ALWAYS THAT ALPHV shall first notify you of such revision or increment and you shall be entitled within seven (7) days upon receipt of the notification to elect whether to terminate this Agreement on continue with the engagement of the Platform via the App.
b. In the event you elect to terminate this Agreement, ALPHV shall have the right to immediately suspend your use of the Platform. All Available Credit (if any) in the Account shall be forfeited;
c. However, where you continue with the engagement of the Platform after the time stipulated in Clause 6.3(a) hereof, you shall be deemed to agree to continue with the engagement of the Platform via the App and agree to such revision or increment of the Subscription Fees, and/or Transaction Fee.
6.4 Payment Method
We use a payment processor (including but not limited to FPX Transactions) to bill you through a payment account linked to your billing account or by providing our bank account information for you to make payment to us. By making use of these payment services on the Platform, you agree to be bound by terms as laid down from time to time by the payment processor and hereby consent and authorize us to delegate the authorizations and share information you provide to us with our third-party service provider to the extent required to provide such payment services to you including the Transaction Fee.
6.5 Mode of Payment
All the aforesaid payment(s) shall be made by you to the ALPHV by way of cash, banker cheque, bank draft, cashier order, Customer’s cheque and/or electronic payment and all such payment shall be deemed to be paid/made on the day such payment is received by the ALPHV .
6.6 Non-Refundable and Non-Transferable
You agree that all payment(s) paid by you to the ALPHV and/or paid into the Account are non-refundable nor non-transferable to any third party.
7. TERMINATION
7.1 ALPHV may terminate, temporarily suspend your use of the services provided through the Platform or delete your account and access to the Platform in the event that:
a. You breach and/or fail to observe and/or fail to comply with any material provision of this Terms of Use (is such non-compliance is capable of being cured and is not cured within 7 days from notice to you); or
b. we determine that your actions are likely to expose us to legal liability or that you have misrepresented any data or information required by us to provide you with the services through the Platform or at any other time;
c. You agree to waive your right to claim for any costs, losses, damages, or liabilities arising out of or related to our temporary suspension and/or termination of your access to the Platform and/or the services provided on the Platform in pursuance of this clause.
7.2 ALPHV reserves the right at our sole discretion to forfeit the remaining credit in your account in the event that your actions fall under the scenario abovementioned.
7.3 If you have paid for any services, either party may terminate these Terms of Use with notice via email to the other. For the avoidance of doubt, fees paid will not be pro-rated and refunded.
7.4 Where there is no transaction under the Account for one (1) year from date of last use:-
a. ALPHV shall at its absolute discretion to treat the Account as dormant and suspend and/or terminate the Account and use of the Platform upon giving 7 days notice.
b. ALPHV shall not be held liable to you for any reason whatsoever due to the suspension of the Account and/or use of the Platform;
c. All Available Credit (if any) in the Account shall be deemed to have expired and will be forfeited.
7.5 In the event the Account and/or the use of Platform has been suspended and you request for reactivation of the same, the ALPHV may at its absolute discretion reactivate the Account subject to you having paid to ALPHV an administrative fees equivalent to ten per centum (10%) of the cash value of the balance Available Credit OR a minimum sum of Ringgit Malaysia Fifty (RM50.00) only.
7.6 The suspension or termination of this Agreement shall not prejudice or affect any right of action which has accrued prior to such suspension or termination of this Agreement.
7.7 ALPHV may upon termination of this Agreement:
a. cancel or refuse any of the Transactions;
b. permanently delete or destroy any and/or all data and information provided by you to the ALPHV by and through the Platform including but not limited to personal data;
c. take further actions as ALPHV may deem necessary.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership
You acknowledge that the ALPHV owns exclusively and reserves all right, title and interest in and to the Platform, the App and the Software underlying the Platform, including all of the ALPHV's related intellectual property rights.
8.2 Reserved Rights
a. You shall not exercise any right, title and interest in and to the Platform and the software underlying the Platform, except for the limited access and usage rights granted by the ALPHV in this Agreement.
b. The Parties hereby acknowledge that there is no transfer of any right, title or ownership rights to the Platform, the App and Software underlying the Platform to you.
c. All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of ALPHV and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of ALPHV trademarks on any other website not approved by us is strictly prohibited. ALPHV will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. ALPHV neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with ALPHV. Use of any materials on the Platform is at your own risk.
9. DISCLAIMER
9.1 The Platform provided by ALPHV to you on an “as is” and “as available” basis.
9.2 Save and except as expressly set out in these Terms and Conditions, the ALPHV hereby expressly disclaim all representations, conditions, warranties (whether express or implied, statutory or otherwise) including but not limited to the following:-
a. the availability, accessibility, timeliness and uninterrupted use of the Platform;
b. accuracy, completeness, timeliness or the security any data and information provided to you as part of the Platform;
c. any implied warranty of merchantability;
d. any implied warranty of fitness for a particular purpose;
e. any implied warranty of infringement; and
f. any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Platform provided by the ALPHV.
10. LIMITATION OF LIABILITY
10.1 The ALPHV shall not liable for any damages whatsoever inlcuding special, direct, indirect or consequential damages, loss of business, loss of profits or any consequential or indirect loss whatsoever arising out of, or in connection with the performance of, or as a result of the use or misuse of the Platform by you. ALPHV expressly excludes all liabilities whatsoever in respect of any loss arising as a result of the aforementioned.
10.2 You shall be solely responsible to make all efforts to ensure to download and/or access the most up to-date version of the Platform. The Platform shall be periodically updated by ALPHV. ALPHV shall not be liable for:-
a. Your use of the Platform, or reliance on the Platform, or any loss of caused by delays, non-deliveries, missed deliveries, or service interruptions; and
b. defect(s) that may exist for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access, or a failure, suspension, withdrawal or termination of all or part of the Platform at any time.
10.3 You acknowledge that the ALPHV is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the Platform, and ALPHV hereby exclude all liability of any kind for the transmission or reception of infringing any subject matter of whatsoever nature.
10.4 Notwithstanding anything to the contrary contained herein, the maximum liability of the ALPHV shall not exceed an amount equivalent to the aggregate cash value of the Available Credit in the Account at the date on which your claim arises.
10.5 All representations, conditions and warranties that may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
11. INDEMNITY
11.1 You agree to indemnify and hold ALPHV harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the ALPHV Service; and (4) your violation of any law or the rights of a third party.
12. FORCE MAJEURE
12.1 Without limiting the generality of any provision in these Terms and Conditions, the ALPHV shall not be liable or responsible for any non-performance or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption of the Platform) caused by Force Majeure.
12.2 In this Agreement, “Force Majeure” means any condition beyond the reasonable control of ALPHV including but not limited to power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behaviour by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions
12.3 Notwithstanding Clause 13.1 hereof, you shall remain liable to pay all fees and charges which are accrued and/or due and payable to the ALPHV.
13. CONFIDENTIALITY
13.1 The term “Confidential Information” means all tangible information that comes into its possession pursuant to or as a result of or in the performance of this Agreement whether such information relates to the data, specifications, dealings, drawings,” transactions, business, sales, marketing or technical operations of the other party including personal data and such other information which the Service Company may have access or obtained pursuant to this Agreement.”
13.2 The Parties shall take all necessary precautions to ensure that its employee, agents and/or representatives shall treat all Confidential Information as confidential and in so doing and observe and comply with this clause as if they are a Party of this Agreement
13.3 The Parties hereto shall not disclose to any third party any confidential business or future plans of the other Party at any time acquired during negotiations leading up to and during subsistence of this Agreement and no reference is to be made to the terms of this Agreement by either Party in any advertising publicity or promotional without the prior written consent of the other Party.
13.4 The Parties hereto agree not to copy, apply or disclose the know-how or process supplied to or received by them from the other and any information concerning the business transactions of the other without the prior written consent of the other unless:
a. it is required to be furnished by law or any regulatory body or person having power whether by law or otherwise to demand the same and in such case, the obligation shall cease only to extent required under the respective circumstances; or
b. it is required to be disclosed to a professional adviser, auditor or to the holding company of such party.
13.5 The restriction contained in this clause shall continue to apply after termination of this Agreement.
14. PERSONAL DATA PROTECTION
14.1 You agree and consent to ALPHV and any of its affiliate companies collecting, using, processing and disclosing your Personal Data including but not limited to CTOS and/or other registered Credit Reporting Agencies as defined under the Credit Reporting Agency without further notice to you to such extent in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platform, and shall form a part of these Terms.
14.2 USERS OUTSIDE MALAYSIA
Users and non-users who interact with ALPHV outside Malaysia, You consent to having your personal data transferred to and processed in Malaysia.
15. NO PARTNERSHIP OR AGENCY
15.1 Nothing in this Terms of Use is intended to, or shall be deemed to, establish or create any partnership or joint venture of any kind between the Parties, or to authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16. WAIVER
16.1 No delay in exercising or non-exercise by any party of any of its rights, powers or remedies under or in connection with the Agreement shall operate as a waiver of that right, power or remedy. Any such waiver must be specifically granted in writing signed by the Party or his Solicitors granting it. The waiver or release shall only operate as the waiver or release of a particular breach specified and not of further breaches of the same or any other type, unless expressly stated otherwise.
17. SEVERABILITY
17.1 If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
18. NOTICE
18.1 Any notice, request or demand required to be served by either Party hereto to the other under this Agreement shall be in writing and shall be deemed to be sufficiently served on the day of delivery, if sent by electronic email.
19. APPLICABLE LAW
19.1 The governing law for the Terms and Conditions is the law of Malaysia irrespective of your current location or jurisdiction when accessing the ALPHV Website. The Terms and Conditions also apply irrespective of which of the domain addresses you have accessed the ALPHV Website.
20. ASSIGNMENT
20.1 You shall not assign, transfer, charge, sub contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.
21. SUCCESSORS BOUND
21.1 This Agreement shall be binding upon the heirs, personal representatives, successors-in-title and permitted assigns, as the case may be, of the Parties hereto.
22. ENTIRE AGREEMENT
22.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings with respect to the subject matter herein.
23. APPLICABLE TAX
23.1 In the event the ALPHV's supply of the Platform is subject to any tax chargeable other than the income tax payable by the ALPHV, if applicable (“Applicable Tax”), you shall be responsible and liable to pay the Applicable Tax and shall pay the same to the ALPHV upon receiving a notice given by the ALPHV.
24. INTERPRETATION
24.1 For the purpose of this Agreement, the following expressions or words used here shall have the following meaning unless the context otherwise requires:-
a. this Agreement or any other instrument is a reference to this Agreement or that other instrument as amended, varied, novated or substituted from time to time;
b. any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified or re-enacted whether before or after the date of this Agreement;
c. references to recitals, clauses, sub-clauses, schedules and appendices are to recitals, clauses, sub-clauses and schedules of and appendices to this Agreement;
d. the headings are for convenience only and shall not affect the interpretation thereof;
e. words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter gender and vice versa;
f. words and expressions denoting the whole include any part;
g. a word or expression denoting a collection or group consisting of two (2) or more constituents thereof includes any one or more of such constituents;
h. the words “hereof”, “herein”, “hereto”, “hereinafter” and “hereunder”, and words of similar import, when used in this Agreement, shall, unless the context otherwise requires, refer to this Agreement as a whole and not to any particular provision of this Agreement;
i. where there are two (2) or more persons and/or Parties comprised in the expression the covenants, agreements, representations, warranties, undertakings, obligations and liabilities of the said persons and/or parties contained in this Agreement or implied on their part are joint and several and shall be construed accordingly;
j. references to a person includes an individual, firm, body corporate, unincorporated association, government or governmental, semi-governmental or local authority or agency;
k. reference to “Relevant Authority” means any governmental, semi- or quasi governmental and/or other statutory authorities, departments, agencies or bodies and/or any privatised or corporatised bodies or any other corporation which for the time being is authorised under any written law in force in Malaysia;
l. reference to “Parties” means the ALPHV and you collectively and reference to “Party“ means any of the Parties;
m. reference to “Terms and Conditions” or “Agreement” means the terms and conditions for the Platform stated herein and also those terms and conditions as may be varied or modified from time to time at the sole discretion of the ALPHV;
n. no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it.
25. Payex's Refund Policy
25.1 Payex reserves the right to refund to you the equivalent sum of amount paid by you in the event Payex for any reason is unable to render the delivery service to you through our delivery partners. In such circumstances, Payex offers cash refund to Customers’s bank account. Payex is conferred the right to request documents, including but not limited to the Customer’s Identity Card, for verification purposes during refunding process. Payex has the right to reject a refund request where it reasonably believes that the refund request may be fraudulent, illegal or involves any criminal activity.